| 1 | 1 | | By: Hegar S.B. No. 2481 |
|---|
| 2 | 2 | | |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | A BILL TO BE ENTITLED |
|---|
| 5 | 5 | | AN ACT |
|---|
| 6 | 6 | | relating to certain fees for future transfer of real property. |
|---|
| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 8 | 8 | | SECTION 1. Subsection (c), Section 5.017, Property Code, is |
|---|
| 9 | 9 | | amended to read as follows: |
|---|
| 10 | 10 | | (c) This section does not apply to a deed restriction or |
|---|
| 11 | 11 | | other covenant running with the land that requires a fee associated |
|---|
| 12 | 12 | | with the conveyance of property [in a subdivision] that is payable: |
|---|
| 13 | 13 | | (1) to: |
|---|
| 14 | 14 | | (A) [(1)] a property owners' association that |
|---|
| 15 | 15 | | manages or regulates the subdivision or the association's managing |
|---|
| 16 | 16 | | agent if the subdivision contains more than one platted lot; |
|---|
| 17 | 17 | | (B) [(2)] an entity organized under Section |
|---|
| 18 | 18 | | 501(c)(3), Internal Revenue Code of 1986; [or] |
|---|
| 19 | 19 | | (C) [(3)] a governmental entity; or |
|---|
| 20 | 20 | | (D) an entity other than a property owners' |
|---|
| 21 | 21 | | association that operates a golf course and country club in or |
|---|
| 22 | 22 | | adjacent to the subdivision if property owners in the subdivision |
|---|
| 23 | 23 | | are required by deed restriction to obtain and maintain a |
|---|
| 24 | 24 | | membership in the golf course and country club; or |
|---|
| 25 | 25 | | (2) for the benefit or in consideration of a |
|---|
| 26 | 26 | | conservation easement created under Chapter 183, Natural Resources |
|---|
| 27 | 27 | | Code, located in a county with a population of at least 500,000 and |
|---|
| 28 | 28 | | not more than one million. |
|---|
| 29 | 29 | | SECTION 2. This Act takes effect immediately if it receives |
|---|
| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 33 | 33 | | Act takes effect September 1, 2009. |
|---|